EPA and U.S. Dept. of the Army Finalize Date for Rule Defining “Waters of the U.S.”

On January 31, 2018, the EPA and U.S. Department of the Army (Corps of Engineers) issued a statement announcing an applicability date for the 2015 Clean Water Rule (the 2015 Rule). “The new applicability date will be two years after today’s action is published in the Federal Register, during which time both agencies will continue the process of reconsidering the 2015 Rule.”

The U.S. Court of Appeals for the Sixth Circuit previously issued a nationwide stay halting implementation of the 2015 Rule. This stay was lifted last week when the U.S. Supreme Court held that the Court of Appeals lacked jurisdiction to review the challenges.

The new applicability date will be two years after publication in the Federal Register. During the two year period, both agencies will continue the process of reconsidering the 2015 Rule.

A copy of the announcement may be found following this hyperlink:

https://www.epa.gov/newsreleases/epa-and-army-finalize-waters-united-states-applicability-date